Judgments and Arbitral Awards Collection
Judgments and Arbitral Awards Collection

Serving Judgments to China-based Defendants by Mail? Think Twice

It will impede the enforcement of this judgment in China, says the Ministry of Justice (MOJ). And the MOJ is not bluffing.

Just before Limitation Period Expires: Australian Court Recognizes Chinese Judgment for the Fifth Time

In 2022, the New South Wales Supreme Court of Australia ruled to enforce a judgment of a Shanghai local court, just before 12-year limitation period expires. It marks the fifth time for an Australian court to recognize and enforce Chinese monetary judgments (Tianjin Yingtong Materials Co. Ltd. v Young [2022] NSWSC 943).

SPC Issues New Policy on Recognition and Enforcement of Foreign Arbitral Awards

China’s Supreme People’s Court elaborated on how Chinese courts apply the New York Convention when handling cases involving the recognition and enforcement of foreign arbitral awards, in a conference summary issued in December 2021.

How Chinese Judges Recognize Foreign Bankruptcy Judgments

In 2021, Xiamen Maritime Court ruled, based on the principle of reciprocity, to recognize the order of the High Court of Singapore, which designated an insolvency officeholder. The trial Judge shares his view on reciprocity review in applications for recognition of foreign bankruptcy judgments.

Will Foreign Judgments Not Be Enforced in China Due to Public Policy?

Chinese courts will not recognize and enforce a foreign judgment if it is found that the foreign judgment violates basic principles of Chinese law or violates the public interest of China, no matter whether it reviews the application in accordance with the conditions set by the international or bilateral treaties, or on the basis of reciprocity.